Check out some similar questions!

RWuest · Sep 7, 2008, 06:50 PM

My roommate and I have a dilemma. My current roommate and I have been on the lease since the beginning, and our friend moved in with us, but never got around to getting on the lease, she was afraid her credit was too bad.

In August she lent her rent money to a friend of hers on rent day, and wasn't reimbursed, leaving my other roommate and I to scrounge up the rest last minute. Anyway, she never paid us back, and moved out. It's been over a month and she hasn't picked up her bed, vanity or entertainment center, even though we've given her several deadlines.

We had another person move in and get on the lease to take over her room, and it just sucks that they are paying full price for a room, but they aren't getting all the space because her things are still taking up room!

We want to sell her things for the money that she still owes us. Since it's been in our possession for this long, and she isn't paying to store her things is it illegal to sell those items? I know she is trigger happy when it comes to small claims court...

Thank you for your help!

CHRISTOPHEROBIN · Sep 7, 2008, 07:02 PM

Im not sure if it is illegal or not.I would think that since she wasn't on the lease, what proof does this person have that they even lived with you.Ipersonally would sell the things because that money was owed to me anyway.Again, I really don't know what can be done legally in this case.I would get a free cosultation from a lawyer.

theEMOgrlYOUluv · Sep 7, 2008, 07:05 PM

I'm not sure if it is but if you don't ask her then shell call the cops! Because its like stealing! So yea its illegal!

ConfusedInAK · Sep 7, 2008, 07:09 PM

I do believe the proper way to proceed with selling abandoned items is to post a legal notice in the paper or an announcement of your intention to do so...

We did that with the "abandoned" stuff in our garage which had been left here for 2 years.

If you talk to her again... Have her sign something that says in lieu of cash she agrees to give you her belongings...

RWuest · Sep 7, 2008, 07:12 PM

Originally Posted by theEMOgrlYOUluv

im not sure if it is but if you dont ask her then shell call the cops!! because its like stealing!! so yea its illegal!

Even if possession is 9/10 of the law?

Fr_Chuck · Sep 7, 2008, 07:33 PM

Possession is not 9/10 of any law,

The law is the law, period. That is merely a saying people use when they don't want to follow the real law.

rockinmommy · Sep 7, 2008, 07:49 PM

From your description of the situation, I believe that she would be a sublesse of yours (and your roommate who IS on the lease). You guys would take the "landlord" role, and she would be the tenant. See the sticky at the top of the forum for a link to your state's LL / tenant laws. There should be laws regarding the proper procedure to follow to sell or dispose of her abandoned belongings.

Typically, you have to give proper notices that you consider the property abandoned and that it is being stored. You have to tell her the procedure for getting it back, which can include paying storage fees. Then after holding if for a specified period you have to give proper notice of your intentions of selling or donating or throwing away the abandoned property, etc. It all varies from state to state, so just as long as you follow those state laws you should be in the clear. It sounds like there's enough evidence that she was your tenant should it ever go to court.

JudyKayTee · Sep 8, 2008, 05:41 AM

Originally Posted by CHRISTOPHEROBIN

Im not sure if it is illegal or not.I would think that since she wasnt on the lease, what proof does this person have that they even lived with you.Ipersonally would sell the things because that money was owed to me anyway.Again, i really dont know what can be done legally in this case.I would get a free cosultation from a lawyer.

You are wrong - either the roommate has to be formally evicted (sort of a waste of time because she's already gone but the presumption is that she could come back because her "stuff" is there) OR she could get legal notice, be given X days to remove her "stuff" OR her "stuff" could be put in storage.

The argument that she can't prove she lived there is both illegal and moot - her "stuff" is there and it didn't get there by itself.

JudyKayTee · Sep 8, 2008, 05:42 AM

Originally Posted by RWuest

Even if possession is 9/10 of the law?

Where do you find this to be the law?

ScottGem · Sep 8, 2008, 06:14 AM

What I would recommend is finding a friend with a garage or basement where you can store her stuff. Then send her a notice that, if the stuff is not picked up by x date (I would give 15-30 days), then it will be disposed of. If she still doesn't pick it up, then have a yard sale or something.

An asdie to Christopher and emogirl:

This is a legal board. Therefore our answers need to conform to existing law. Please do not offer your opinion on these boards unless you are sure it is backed up by statute.

liz28 · Sep 8, 2008, 07:43 AM

I would like to add that when you do send her the notice send it certified mail. This way she must sign for it. If anything keep her stuff there at least until the notice expired if you can place it in a garage because it doesn't make sense to pay a storage company. How long have her stuff been there? Do you know where she is staying?

JudyKayTee · Sep 8, 2008, 07:54 AM

Originally Posted by liz28

I would like to add that when you do send her the notice send it certified mail. This way she must sign for it. If anything keep her stuff there at least until the notice expired if you can place it in a garage because it doesn't make sense to pay a storage company. How long have her stuff been there? Do you know where she is staying?

This is purely a personal choice - certified mail certainly provides proof of delivery but you can also send it regular mail with proof of mailing if you don't think she will sign for it.

Storage facility makes sense if there is no way to safeguard her belongings - such as in a garage. The "landlord" must keep the belongings safe, can't just put them in an unheated, perhaps not locked, space where rodents or insects could have access.

JudyKayTee · Sep 8, 2008, 07:54 AM

[QUOTE=Comments on this post
LisaB4657 agrees: Yes, definitely send it certified. But also send a copy by regular mail. If she refuses to sign for the certified, but the regular mail is not returned, then a court will assume that the regular mail was delivered.QUOTE]

Right - that's why I suggested the proof of mailing. (Hi Lisa.)

liz28 · Sep 8, 2008, 08:06 AM

[QUOTE=JudyKayTee]This is purely a personal choice - certified mail certainly provides proof of delivery but you can also send it regular mail with proof of mailing if you don't think she will sign for it.

I give her this advice because I was in a similar situation and was given this advice by someone at small claims court.

Secondly, I gave her advice to keep her things in her house if she don't have a garage to use because storage at stores could be expensive and it's money she would have to put out. She could win it back if she takes her small claims court. Thank you.

JudyKayTee · Sep 8, 2008, 08:14 AM

[QUOTE=liz28]

Originally Posted by JudyKayTee

This is purely a personal choice - certified mail certainly provides proof of delivery but you can also send it regular mail with proof of mailing if you don't think she will sign for it.

I give her this advice because I was in a similar situation and was given this advice by someone at small claims court.

Secondly, I gave her advice to keep her things in her house if she don't have a garage to use because storage at stores could be expensive and it's money she would have to put out. She could win it back if she takes her small claims court. Thank you.

You said to keep it in the garage: "If anything keep her stuff there at least until the notice expired if you can place it in a garage because it doesn't make sense to pay a storage company." I don't see anything about keeping it in the house.

That's why I addressed the garage storage.

You're welcome.

liz28 · Sep 8, 2008, 08:32 AM

First, I not going start an debate with you. If you read all the posts on first page would see Scottgem recommended that she placed the friend belonging in someone basement or garage because the op stated it unfai the new roommate is paying her share of the rent but can't bring in her own belongings. This means the stuff needs to be gone asap. I agree with Scottgem and was only stating this would be easier to do instead of paying a storage company. Now if she don't have somewhere to placed her things of course the stuf could stay. The expired notice apply to after the deadline she give to he friend. Again, thank you.

RWuest · Sep 8, 2008, 11:06 AM

Originally Posted by JudyKayTee

Where do you find this to be the law?

Actually, I don't. But when my other roommate asked her mother she said that since possession is 9/10 of the law, the girl can't even legally come into our apartment and take her things back.

JudyKayTee · Sep 8, 2008, 11:10 AM

Originally Posted by RWuest

Actually, I don't. But when my other roommate asked her mother she said that since possession is 9/10 of the law, the girl can't even legally come into our apartment and take her things back.

FShe lied to you - but I wouldn't worry. It's an old wife's tale that a LOT of people believe. She probably believes it, too, and thought she was giving you solid legal advice.

But now you know!:)

ScottGem · Sep 8, 2008, 11:10 AM

Originally Posted by RWuest

Actually, I don't. But when my other roommate asked her mother she said that since possession is 9/10 of the law, the girl can't even legally come into our apartment and take her things back.

Actually, whoever gave you that advice is wrong. If she can prove that she lived there and that she has possessions there, she has every right to enter the premises to retrieve those possessions. If she showed up and was locked out, she could call the police who would probably help her get int to get her possessions.